EPA v. Virgin Islands Department of Health - Division of Mental Health, Alcoholism and Drug Dependency

Case summary

Defendant entered into a SDWA Administrative Order on Consent to address an unpermitted UIC Class V well and problems relating to the malfunction of the well. Defendant paid the administrative penalty but has not satisfied any one of the compliance measures in the Final Order. EPA seeking compliance with the Final Order plus daily penalties for failure to comply. The Defendant connected its sceptic system to the main sewer line and closed the Class V sceptic well and ceased allowing waste fluids to enter into it. Although this work was not done with an EPA approved closure plan, upon post-work inspection, DOJ in consultation with EPA decided to forgo injunctive relief and pursue a civil penalty only in the litigation. Under the Stipulation of Settlement entered with the District Court of the Virgin Islands on May 17, 2011, the Defendants must pay a civil penalty. Failure to pay the installments in a timely manner when due or failure to pay the entire penalty will result in Stipulated penalties being assessed.

Defendants (2)

• Virgin Islands Department of HealthNamed in complaintNamed in settlement
• Territory of the Virgin IslandsNamed in complaintNamed in settlement

Facilities (1)

• ELDRA SCHULTERBRANDT CLINIC

  4185 ESTATE ANNA'S RETREAT, ST. THOMAS, VI, 00802

  Registry ID: 110012877547

Statutes cited

• SDWA 1421 — UIC Regulations
• SDWA 1423C — UIC - Violation of 1423(c) AO

Enforcement conclusions (1)

• Virgin Islands Department of Health - Division of Mental Health, Alcoholism and Drug Dependencyentered 2011-05-17

  Primary law: SDWA

  Federal penalty: $175,000

Timeline (7 milestones)

• 2008-12-22Referred To Dept Of Justice
• 2009-01-06Enforcement Action Data Entered
• 2009-11-04Complaint Filed With Court
• 2011-05-10Final Order Lodged
• 2011-05-17Final Order Entered
• 2011-05-17Concluded
• 2012-07-17Enforcement Action Closed